진폐유족연금및장의비부지급처분취소
1. On June 12, 2013, the Defendant’s disposition on the payment of pneumoconiosis survivors’ annuities and funeral expenses to the Plaintiff is revoked.
2...
Basic facts were based on the Plaintiff’s husband’s husband B (CB, hereinafter referred to as “the deceased”) worked as a bane from the ludane mine in Boli-si from July 1, 1986 to June 26, 191.
In the precise diagnosis conducted by the Ansan Industrial Accident Hospital around July 13, 2012, the Deceased was judged to be subject to medical care due to pneumoconiosis-type 2/2 (where there are many noise climatics or non-permanents on both sides of the pneumoconiosis due to pneumoconiosis, and there is no large climatics), cardiopulmonary function F1 (Minor Disability), and climatic lung cancer.
From July 11, 2012, the deceased was hospitalized in the Yancheon University annexed to the Yancheon University and the Bosasan Hospital on October 4, 2012, and died of the death of the deceased as a direct death, pulmonary skin, the middle line, and pulmonary disease symptoms, the prior death at the Bosasan Hospital on October 4, 2012.
The plaintiff asserted that there is a proximate causal relationship between the pneumoconiosis and the death of the deceased and claimed the bereaved family benefits and funeral expenses to the defendant.
On June 12, 2013, the Defendant rendered a decision to refuse payment on the ground that it is difficult to regard the cause of the death of the deceased as a result of pneumoconiosis symptoms and pneumoconiosis mergers based on the medical opinion of the Boan Asan Hospital that issued the death diagnosis report to the deceased and the occupational pulmonary Disease Research Institute that the Defendant requested medical advice (hereinafter “instant disposition”).
[Based on the facts without dispute, Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 7, Eul evidence No. 8-1 through No. 1, and Gap evidence No. 8-3, and the purport of the whole pleadings as to the legitimacy of the disposition of this case as a whole, the purport of the plaintiff's assertion was that the deceased suffered from pneumoconiosis No. 2/2, which is recognized as occupational accident, and the merger witness suffered from primary lung cancer and was under treatment, and the disability grade has aggravated from Grade 11 to Grade 7, and the deceased died as the intermediate event or the preceding company, there is a proximate causal relation between the deceased's death and occupational accident.